Chapter 21. Streets and Sidewalks

Transcription

1 Chapter 21 Streets and Sidewalks Provisions Application for Permit Issuance of Permit Written Notice Inspection Penalties Definitions New Driveway Penalties Remedies Issuance Part 1 Street Cuts and Excavations Part 2 Driveway and Occupancy Permits Part 3 Street Address Numbers Applicability Definitions Assignment of Numbers Application for Street Address Number Number of Subdivision Lots Size and Location of Numbers Violations and Penalties Enforcement Part 4 Curbs and Sidewalks Sidewalk Maintenance Responsibility Notice to Repair Sidewalk Township May Do Work upon Default of Property Owner Construction Specifications Work in Sidewalk Obstruction of Sidewalk Prohibited Snow and Ice Removal from Sidewalk Penalty 21-1 Supp. VI; revised 1/3/2012

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3 Streets and Sidewalks Part 1 Street Cuts and Excavations Provisions. In accordance with the provisions of 2322 of the Second Class Township Code, 53 P.S , no railroad or street railway shall hereafter be constructed upon any Township road, nor shall any railroad or street railway crossings, nor any gas pipe, water pipe, electric conduits, or other piping, be laid upon or in, nor shall any telephone, telegraph, or electric light or power poles, or any other obstructions be erected upon or in, any portion of a Township road except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted by the Township for such purpose. (Ord. 37, 6/12/1974, I; as amended by Ord. 185, 8/2/2006) Application for Permit. The application for a permit shall be on a form prescribed by the Township and submitted to the Township in triplicate. Unless otherwise prescribed by a fee schedule adopted by resolution of the Board of Supervisors, the application shall be accompanied by a fee in accordance with the prevailing schedule of fees of the Pennsylvania Department of Transportation for highway occupancy permits and restoration Charges. In addition, the applicant shall submit three copies of a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street. (Ord. 37, 6/12/1974, II) Issuance of Permit. A permit shall be issued to the applicant after all the aforementioned requirements have been filed. (Ord. 37, 6/12/1974, III) Written Notice. Upon completion of the work, the applicant shall give written notice thereof to the Township. (Ord. 37, 6/12/1974, IV) Inspection. Upon completion of the work authorized by the permit, the Township shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. Where any settlement or defect in the work occurs, if the applicant shall fail to rectify any such settlement or other defect, within 60 days after written notice from the Township to do so, the Township may do the work and shall impose upon the applicant the cost thereof, together with an additional 20 percent of such cost. 21-3

4 Township of East Vincent (Ord. 37, 6/12/1974, V) Penalties. Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. (Ord. 37, 6/12/1974, VI; as amended by Ord. 185, 8/2/2006) 21-4

5 Streets and Sidewalks Part 2 Driveway and Occupancy Permits Definitions. Driveway - a private street providing for vehicular and pedestrian access between a public street and a parking area within a lot or property. New driveway - a driveway newly constructed or any existing driveway where the owner of the property on which the driveway is located desires to relocate, widen, adjust the profile and/or add drainage, or perform any other work (including any of the foregoing) which requires a permit. Township - East Vincent Township. Township road - any road owned by the Township, any road maintained by the Township, or any road which is intended to be dedicated to the Township. (Ord. 95, 7/11/1990, 1) New Driveway. Any new driveway entering a Township road shall have the following dimensions and pavement structure: A. The first 20 feet length is to be paved to the following minimum width beginning at the edge of the cartway pavement: Land Use Minimum Paving Width (in feet) Single Family Residential 10 Multi-Family Residential 12 (one way) 24 (two ways) Commercial and Industrial 12 (one way) 24 (two ways) B. The paved portion shall be either an 8 inch crushed aggregate base course with a 2 inch bituminous surface course ID-2 or a 5 inch bituminous concrete base course (BCBC) with a 1½ inch bituminous surface course ID-2. C. Profile to conform to shoulder profile and shall. in no way or manner impede the flow of stormwater. (Ord. 95, 7/11/1990, 2) Penalties. Any person, firm, or corporation violating any of the provisions of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Where the violation continues from day to day, and the person violating 21-5

6 Township of East Vincent this Part, after written notice, fails to correct or such violation, each day's continuance shall constitute a separate violation. (Ord. 95, 7/11/1990, 3; as amended by Ord. 185, 8/2/2006) Remedies. In addition to any other remedies provided herein, any violation of this Part may be deemed to constitute a nuisance and may be abated by the Township by its seeking appropriate equitable or legal relief from a court of competent jurisdiction. Further, the Township may withhold an occupancy permit for any new residence, building, or other structure on a property which is not in compliance with the requirements of this Part (subject to the Township's right to defer compliance until weather conditions permit the required paving; provided, that the financial security described in below has been deposited with the Township.) (Ord. 95, 7/11/1990, 4; as amended by Ord. 115, 9/2/1992, 1) Issuance. In order to assure compliance with the requirements of above, it shall be a condition precedent to issuance of a building permit for the premises that the applicant or property owner shall have deposited with the Township financial security (in cash or as otherwise permitted by the Pennsylvania Municipalities Planning Code for completion of public improvements and in an amount equal to 110 percent of the cost of completion) to assure completion of paving of the first 20 feet of driveway either before the building or structure is occupied, or when weather permits. If the property owner fails to complete such paving before the building or structure is occupied, or if weather does not permit completion at that time, when weather conditions are satisfactory to allow completion, the Township shall have the right (but not the obligation) to complete the required work using the financial security for such purpose. If the applicant for building permit or property owner completes the paving work as required above, the financial security shall be released to him without interest upon such completion. (Ord. 95, 7/11/1990; as added by Ord. 115, 9/2/1992) 21-6

7 Streets and Sidewalks Part 3 Street Address Numbers Applicability. This Part applies to all principal buildings within the Township of East Vincent, Chester County, Pennsylvania, and each tract, lot or parcel of land. (Ord. 117, 11/4/1992, I) Definitions. As used in this Part, the following terms shall have the meanings indicated: Accessory building - a subordinate building, the use of which is customarily incidental to that of the principal building and is used for an accessory use and is located on the same lot. Principal building - any building or structure erected on a tract, lot or parcel of land on which any use is carried out, except an accessory building. Including a dwelling, place of business or industry, or any other use requiring a location identity. (Ord. 117, 11/4/1992, III) Assignment of Numbers. 1. Street address numbers shall be assigned to each building, tract, lot or parcel of land, placed on file in the East Vincent Township office and assigned to the owners or occupants of such buildings, tract, lot or parcel of land by the East Vincent Township Manager, or by such other person as may be designated by resolution of the Board of Supervisors. Once assigned, all such properties shall be designated for all purposes by the number assigned, and thereafter all persons shall take due notice thereof and comply with the provisions of this Part, when applicable. 2. The East Vincent Township manager, or such other person as may be designated, shall have the power and duty to correct any errors with respect to assignment of street numbers, as and when such errors are discovered. The East Vincent Township Board of Supervisors shall have the right and power to change a street address number or numbers assigned to any property whenever it may deem such a change necessary and desirable, and require the owner or the occupant thereof to comply with the provisions of this Part with respect to such change. (Ord. 117, 11/4/1992, III) Application for Street Address Number. The owner or occupant of each tract, lot or parcel of land to which no street address number has previously been assigned shall, upon purchase, acquisition or occupancy thereof or within 7 days of discovery that no such number has been assigned, make application to the East Vincent Township Manager or his or her designated agent for assignment of such number, and thereon the East Vincent Township Manager shall assign a street address number to the property. 21-7

8 Township of East Vincent (Ord. 117, 11/4/1992, IV) Number of Subdivision Lots. 1. The East Vincent Township Manager shall be the Township officer responsible for assigning street address number sequences to each lot which is created as a result of a subdivision or resubdivision, said numbers shall be in proper municipal sequence in relation to the number assigned to other lots fronting on the same street and shall be properly recorded on the subdivision plan and in the East Vincent Township file. 2. When the assignments required under subsection.1 hereof has been completed and signed by the East Vincent Township Manager, they shall be appended to the final subdivision plan and thereby incorporated therein by reference. No subdivider shall sell or convey any lot or dwelling unit or other building or structure upon said lot or lease or otherwise permit the use and occupancy thereof without first complying with all of the terms of this Part. 3. The requirement for application for street address number and display thereof shall be a condition precedent to the submission of any application for a certificate of occupancy. (Ord. 117, 11/4/1992, V) Size and Location of Numbers. In order to comply with this Part, street address numbers shall be Arabic in design, shall have a minimum height of 4 inches with a minimum stroke width of ½ inch and shall be mounted in a secure fashion by one or more approved manners (as set forth below). The numbers shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of numerals so that the numbers may be read with ease during daylight hours by a person possessing normal vision, if he views the numbers t can the center line of the facing street. The numbers shall be so placed that trees, shrubs and other obstructions do not block the line of sight of the numbers from the center of the street to any appreciable degree. Auxiliary numbers shall be mounted at a height between 4 feet and 10 feet upon the adjacent grade or exterior landing beneath, but never higher than 15 feet above adjoining grade. [Ord. 185] A. Approved Manners. (1) Occupancies with mailboxes at the end of driveways shall display numbers on both sides of the mailbox or support post. When mailboxes are placed on the opposite side of the facing street from the occupancy, auxiliary numbers shall be provided in addition to the mailbox numbers. When two or more mailboxes are placed side by side together in a row then numbers shall be placed on the fronts of the mailboxes. (2) Occupancies without mailboxes at the end of driveways shall place numbers in the general vicinity of the main entrance or path of travel which leads to the main entrance and shall be visible from the center line of the facing street. (3) Those occupancies with no mailboxes which are built down long driveways or occupancies not visible from the street shall have a marker or post of noticeable size placed at the driveway entrance. If more than one 21-8

9 Streets and Sidewalks occupancy shares the driveway, then each occupancy shall be so numbered. Occupancies with shared driveways shall also display auxiliary numbers at or near the main entrance of the structure according to specifications herein. (Ord. 117, 11/4/1992, VI; as amended by Ord. 185, 8/2/2006) Violations and Penalties. 1. The absence of street numbers, or the insecure fastening or absence of any numeral thereof, or the use of any street address number not assigned by the East Vincent Township Manager, or the failure of a street address number to meet the elevation requirements or the visibility requirements shall be a violation of this Part. Upon discovery of such violation, a notice of violation shall be sent by certified mail to the property or occupant, or shall be posted in a prominent place upon the property by the East Vincent Township Manager or his or her agent, or shall be personally served on the property owner or occupant or his or her agent. Such notice shall specify the specific provision of this Part violated and shall require compliance with the provisions of this Part within 15 days from the service or posting of the notice of violation. 2. Any person who shall fail to comply with the notice of violation and, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 185] 3. Every violator of the provisions of this Part shall be deemed guilty of a separate offense for each and every day such violation shall continue and shall be subject to the penalty imposed by this Section for each and every such offense. 4. After the issuance by the East Vincent Township Manager of a notice of violation of the provisions of this Part and the posting of such notice of violation on the premises, each day such violation shall continue shall be deemed a separate offense subject to a like fine and penalty. (Ord. 117, 11/4/1992, VII; as amended by Ord. 185, 8/2/2006) Enforcement. The final authority for determining and assigning the street number or numbers to be used upon any particular property, as well as the enforcement of this Part, shall be in the office of the East Vincent Township Manager, his or her agent, or such other person as provided for in of this Part. (Ord. 117, 11/4/1992, VIII) 21-9

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11 Streets and Sidewalks Part 4 Curbs and Sidewalks Sidewalk Maintenance Responsibility. It shall be the responsibility of property owners abutting streets or properties, in which, or upon which, curbs and sidewalks are located, to care for, maintain and replace curbs and sidewalks in accordance with these provisions. Curb and sidewalk maintenance responsibility can be assigned to an association set up for maintenance of common elements pursuant to a subdivision or land development plan (i.e., homeowner or property owners association) if approved by the Township. Maintenance by an association must be included as a requirement in the association documents and covenants and restrictions Notice to Repair Sidewalk. Whenever it shall be determined proper and necessary by the Township that curbs and sidewalks shall be repaved and repaired in any public highway of the Township or adjacent to any public highway of the Township, the Manager or his or her designee shall serve written notices upon the owners of property abutting on said public highways, requiring them to repave or repair such curbs and sidewalks within 90 days from the date of such notice unless it is determined by the Township Manager that such condition constitutes an emergency, in which case 30 days notice shall be given. Curbs and sidewalks shall be repaired and/or repaved in accordance with Township specifications Township May Do Work upon Default of Property Owner. Upon failure of any owner of property abutting on said streets to do and perform any work required by the notice provided for above within the time specified in such notice, the Township may cause the same to be done and collect the cost of the work and material from the abutting property owners on a foot-front basis Construction Specifications. Curbs and sidewalks shall be installed, replaced or repaired in accordance with Township plans and specifications approved by the Township Engineer and shall be subject to the roadmaster s inspection. All such sidewalk pavements shall be constructed or delineated in the location, to the width and of the material specified in the notice received by the property owner, or in case the said curb and sidewalk is constructed without notice the same shall be constructed or delineated in the location, to the width and of the materials in accordance with specifications submitted by the Township Engineer upon application to him or her, and said sidewalks shall conform to the established grade of the street on which the same are laid, or to such grade as shall be fixed by the Township Engineer Supp. VI; added 1/3/2012

12 Township of East Vincent Work in Sidewalk. It shall be unlawful for any person to tear up, destroy, remove, deface or excavate, or otherwise damage any sidewalk or curb in the public highways of the Township, or adjacent to any public highway in the Township, without first obtaining a road occupancy permit, as outlined below, from the Township for work which will be done in the Township right of way: A. Permit Required. In accordance with the provisions of 2322 of the Second Class Township Code, 53 P.S , as amended, no structure, facility, or utility may be constructed, erected, or placed upon, below, inside, or over any portion of a Township roadway right of way except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted by the Township for such purpose. B. Application for Permit. The application for a permit shall be on a form prescribed by the Township and submitted to the Township. The application shall be accompanied by a fee in accordance with the schedule of fees set forth by the Township for roadway occupancy permits and restoration charges. In addition, the applicant shall submit a sketch showing such dimensions and the location of the work, width of the traveled roadway, right-of-way lines. C. Fees. The Board of Supervisors of East Vincent Township shall establish by resolution a schedule of fees for the obtaining of permits required under the provisions of this Part. Such resolution shall be duly recorded in the resolution Book of the Township and such fee schedule shall be reproduced and made available upon request at the Township building. The resolution providing for the various fees shall be periodically reviewed and amended, where necessary, by resolution of the Board of Supervisors. The issuance of a permit shall be contingent upon the payment of the proper fee as established by the resolution and the fee schedule. D. Issuance of Permit. A permit shall be issued to the applicant after all the aforementioned requirements have been filed. E. Notice of Completion. Upon completion of the work, the applicant shall give written notice thereof to the Township Obstruction of Sidewalk Prohibited. It shall be unlawful for any person to deposit any matter upon any of the sidewalks in the public highways of the Township, or adjacent to any public highway of the Township. The sidewalks shall be kept open and unobstructed at all times for use of the public, and the owner of the abutting property shall keep the sidewalk areas free from weeds, hedges and other similar obstructions at all times Snow and Ice Removal from Sidewalk. It shall be the duty of the owners and occupiers of properties, and the owners of Supp. VI; added 1/3/

13 Streets and Sidewalks unoccupied lots along whose premises sidewalks have been laid, or may hereafter be laid, to cause said paved sidewalks along their respective properties to be cleared to the width of said sidewalk of snow or ice within 24 hours after the same shall have ceased to fall, in the case of snow, or shall have occurred, in the case of ice Penalty. Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense Supp. VI; added 1/3/2012

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